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RCW 77.55.181: Fish habitat enhancement project -----Permit review and approval process... Page 1 of 4 <br />RCW 77.55. E,I <br />Fish habitat enhancement project—Permit review and approval <br />process -.imitation of liability. <br />(1)(a) In order to receive the permit review and approval process created in this <br />section, a fish habitat enhancement project must meet the criteria under this section and must <br />be a project to accomplish one or more of the following tasks: <br />(I) Elimination of human -made or caused fish passage barriers, including: <br />(A) Culvert repair and replacement; and <br />(B) Fish passage barrier removal projects that comply with the forest practices rules, <br />as the term "forest practices rules" is defined in RCW 76.09.020; <br />(ii) Restoration of an eroded or unstable stream bank employing the principle of <br />bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and <br />with primary emphasis on using native vegetation to control the erosive forces of flowing <br />water; or <br />(iii) Placement of woody debris or other instream structures that benefit naturally <br />reproducing fish stocks. <br />(b) The department shall develop size or scale threshold tests to determine if projects <br />accomplishing any of these tasks should be evaluated under the process created in this <br />section or under other project review and approval processes. A project proposal shall not be <br />reviewed under the process created in this section if the department determines that the scale <br />of the project raises concerns regarding public health and safety. <br />(c) A fish habitat enhancement project must be approved in one of the following ways <br />in order to receive the permit review and approval process created in this section: <br />(i) By the department pursuant to chapter 77.95 or 77.100 RCW; <br />(ii) By the sponsor of a watershed restoration plan as provided in chapter 89.08 RCW; <br />(iii) By the department as a department -sponsored fish habitat enhancement or <br />restoration project; <br />(iv) Through the review and approval process for the jobs for the environment <br />program; . <br />(v) Through the review and approval process for conservation district -sponsored <br />projects, where the project complies with design standards established by the conservation <br />commission through interagency agreement with the United States fish and wildlife service <br />and the natural resource conservation service; <br />(vi) Through a formal grant program established by the legislature or the department <br />for fish habitat enhancement or restoration; <br />(vii) Through the department of transportation's environmental retrofit program as a <br />stand-alone fish passage barrier correction project; <br />(viii) Through a local, state, or federally approved fish barrier removal grant program <br />designed to assist local governments in implementing stand-alone fish passage barrier <br />corrections; <br />(ix) By a city or county for a stand-alone fish passage barrier correction project funded <br />by the city or county; <br />(x) Through the approval process established for forest practices hydraulic projects in <br />chapter 76.09 RCW; or <br />You created this PDF from an application that is not licensed to print to novaPDF printer (http:/Iwww.novapdf.com) !8/2014 <br />